HB 102 — AN ACT relating to misconduct in schools and at school-sponsored activities.

Summary

Create a new section of KRS Chapter 160 to prohibit a public school district or public charter school from entering into a nondisclosure agreement relating to misconduct involving a minor or student; amend KRS 160.380 to define "abusive conduct"; require school district applicants to disclose being the subject of any disciplinary actions in the previous 12 months relating to abusive conduct and consent to a reference check; require school districts to conduct reference checks; require nonpublic schools and public school districts to disclose any disciplinary actions related to abusive conduct of applicants; provide immunity for disclosures made about school employee conduct; require school districts to request all related information from public and nonpublic schools and the Education Professional Standards Board (ESPB); require schools and EPSB to provide the records; require requests for information to be satisfied in 10 working days; require EPSB to create and implement procedures for information requests; require all school district applicants to list all schools of previous and current employment on the application; require a school district to internally report and investigate to completion all allegations of abusive conduct; require all records relating to an allegation of abusive conduct to be retained in an employee's personnel file unless the allegation is proven false; provide that certain requirements apply to public charter schools; amend KRS 156.160 to direct the Kentucky Board of Education to include employment standards in the voluntary certification standards for private schools; make technical corrections; amend KRS 160.151 to define "certified nonpublic school"; require employees of certified nonpublic schools to submit to a national and state criminal background check and a CA/N check; require certified nonpublic school personnel to have a state criminal background check every 5 years; prohibit a certified nonpublic school from hiring a violent or felony sex crime offender; require a certified nonpublic school to conduct reference checks on all applicants; prohibit a certified nonpublic school from entering into a nondisclosure agreement related to misconduct involving a minor or student; make technical corrections; amend KRS 156.095 to require the Kentucky Department of Education to develop a training related to sexual misconduct and inappropriate relationships for employees to undergo every 5 years; make technical corrections; amend KRS 161.151 to conform; require that an allegation of abusive conduct be reported pursuant to KRS 620.030; amend KRS 158.4431, 156.492, and 158.200 to conform.

Bill Text

• Introduced View text Current pdf

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill establishes a prohibition against nondisclosure agreements relating to misconduct involving minors and amends KRS 160.380.

• KRS 160.380

  A public school district or public charter school shall not enter into a nondisclosure agreement relating to misconduct involving a minor or student, including abusive conduct as defined in Section 2 of this Act.

  Public school districts and charter schools cannot use nondisclosure agreements concerning misconduct cases involving minors.

• KRS 160.380

  (b) "Administrative finding of child abuse or neglect" means a substantiated finding of child abuse or neglect issued by the Cabinet for Health and Family Services that is: → (b) "Administrative finding of child abuse or neglect" means a substantiated finding of child abuse or neglect issued by the Cabinet for Health and Family Services that is:

  No change to the definition; the previous text remains, but formatting is adjusted.

• KRS 160.380

  (c)[(b)] "Alternative education program" means a program that exists to meet the needs of students that cannot be addressed in a traditional classroom setting but through the assignment of students to alternative classrooms, centers, or campuses that are designed to remediate academic performance, improve behavior, or provide an enhanced learning experience. Alternative education programs do not include career or technical centers or departments; → (c) "Alternative education program" means a program that exists to meet the needs of students that cannot be addressed in a traditional classroom setting but through the assignment of students to alternative classrooms, centers, or campuses that are designed to remediate academic performance, improve behavior, or provide an enhanced learning experience. Alternative education programs do not include career or technical centers or departments;

  No change to the definition; the previous text remains with minor formatting adjustments.

• KRS 160.380

  (d)[(c)] "Clear CA/N check" means a letter from the Cabinet for Health and Family Services indicating that there are no administrative findings of child abuse or neglect relating to a specific individual; → (d) "Clear CA/N check" means a letter from the Cabinet for Health and Family Services indicating that there are no administrative findings of child abuse or neglect relating to a specific individual;

  No change to the definition; the previous text remains, but formatting is adjusted.

• KRS 160.380

  (e)[(d)] "Relative" means father, mother, brother, sister, husband, wife, son, and daughter; → (e) "Relative" means father, mother, brother, sister, husband, wife, son, and daughter;

  No change to the definition; the previous text remains, but formatting is adjusted.

• KRS 160.380

  (f)[(e)] "Vacancy" means any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member of a local school district, or a new position created in a local school district for which certification is required. However, if an employer-employee bargained contract contains procedures for filling certified position openings created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member, or creation of a new position for which certification is required, a vacancy shall not exist, unless certified positions remain open after compliance with those procedures. → (f) "Vacancy" means any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member of a local school district, or a new position created in a local school district for which certification is required. However, if an employer-employee bargained contract contains procedures for filling certified position openings created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member, or creation of a new position for which certification is required, a vacancy shall not exist, unless certified positions remain open after compliance with those procedures.

  No change to the definition; the previous text remains, but formatting is adjusted.

Action History

1. January 14, 2026

   to Primary and Secondary Education (H)

2. January 07, 2026

   to Committee on Committees (H)

3. January 07, 2026

   introduced in House

Sponsors

• Aaron Thompson · Primary
• Emily Callaway · Primary
• James Tipton · Primary

Subjects